The Veteran's claim for a 100 percent rating for residuals of traumatic brain injury (TBI) is granted for the entire claim period. The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot due to the grant of a 100 percent rating.
The deciding factor: The Veteran's TBI residuals meet the criteria for a 100 percent initial rating under Diagnostic Code 9304, applicable for disabilities assigned that code. The grant of a 100 percent rating for TBI residuals renders moot the issue of entitlement to a TDIU.
- Claimed conditions
- psychotic disorder not otherwise specified (NOS), organic affective syndrome, dementia associated with brain trauma, anxiety, seizures, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 20, 2018
- Citation
- 18159680
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 18159680.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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